RAMAKANT GANPATI POTDAR Vs. MADHAV GANESH DIXIT

JUDGEMENT

(1.) DIFFERENT aspects or facts of the same Judgments dated December 19, 1965 passed in appeal by the learned II Additional Judge, Kolhapur are the subject of challenge in these two writ petitions. Hence, they are being disposed of by this common judgment.

(2.) THE petitioners in both the writ petition Nos. 1264 of 1986 and 3036 of 1986 are respectively the landlords and the tenants of premises situated at CTS No. 313, B-Ward, Kolhapur, and will hereafter be referred to as "the demised premises" for the sake of convenience. The demised premised were part of a large building and comprised two rooms on the second floor as well as toilets and bath-rooms. Remaining portion of the building is in occupation of the landlords for their residence.

(3.) NOW , both the landlord and the tenant, were dis-satisfied by this judgment and decree passed by the appellate Court, the landlords in that, according to them, the learned II Additional District Judge, Kolhapur, has erred in authorising the tenant to reconstruct the demised premised in the purported exercise of rights, under Section 10-D(4) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the "Bombay Rent Act" and the tenant in that the landlords were ordered to deliver possession of a portion of the building which is less than half of it. Hence, they approached this Court with the present writ petition seeking appropriate reliefs for their grievances.